Sasi Kumar v. The Second Class Executive Magistrate Cumtahsildhar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.10.2020

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)Nos.11412, 11416, 11417 & 11439 of 2020 and CRL.M.P.(MD)Nos.5211 to 5213 & 5234 of 2020 Sasi Kumar ... Petitioner in Boomiraj ... Petitioner in Crl.O.P.(MD)No.11416 of 2020 Malaisamy ... Petitioner in Crl.O.P.(MD)No.11417 of 2020 Lipiyan ... Petitioner in Crl.O.P.(MD)No.11439 of 2020 Vs.

1. The Second Class Executive Magistrate cum Tahsildar, Mudhukulathur Taluk Office, Mudhukulathur, Ramanathapuram District.

2. The Inspector of Police, Keela Thooval police station, Ramanathapuram District.

... Respondents in all petitions Prayer in Crl.O.P.(MD)No.11412 of 2020: Criminal Original petition is filed under Section 482 of Cr.P.C, to call for the entire records relating to the impugned proceedings of the first respondent in M.C.No.34 of 2020 dated 19.09.2020 and to quash the same.

Prayer in Crl.O.P.(MD)No.11416 of 2020: Criminal Original petition is filed under Section 482 of Cr.P.C, to call for the entire records relating to the impugned proceedings of the first respondent in M.C.No.33 of 2020 dated 19.09.2020 and to quash the same.

Prayer in Crl.O.P.(MD)No.11417 of 2020: Criminal Original petition is filed under Section 482 of Cr.P.C, to call for the entire records relating to the impugned proceedings of the first respondent in M.C.No.32 of 2020 dated 19.09.2020 and to quash the same.

Prayer in Crl.O.P.(MD)No.11439 of 2020: Criminal Original petition is filed under Section 482 of Cr.P.C, to call for the entire 1/3

records relating to the impugned proceedings of the first respondent in M.C.No.31 of 2020 dated 19.09.2020 and to quash the same.

(in all Crl.O.Ps.) For Petitioners : Mr.M.S.Jeyakarthik For Respondents: Mr.M.V.Chandrasekaran, Government Advocate.

C O M M O N O R D E R Heard the learned counsel on either side.

2. What is under challenge is the notices under Section 111 of Cr.P.C. Section 111 of Cr.P.C. is as follows:- "111. Order to be made - When a Magistrate acting under section 107, section 108, section 109 or section 110, deems it necessary to require any person to show cause under such section, he shall make an order in writing, setting forth the substance of the information received, the amount of the bond to be executed, the term for which it is to be in force, and the number, character and class of sureties (if any) required."

3. A mere look at the impugned notices would show that the requirements of Section 111 of Cr.P.C. have not been complied with. Therefore, the impugned notices stand quashed. These criminal original petitions stand allowed. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (RECORDS) // True Copy // / /2020 Sub Assistant Registrar(CS) pmu Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be 2/3

utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:

1. The Second Class Executive Magistrate cum Tahsildar, Mudhukulathur Taluk Office,Mudhukulathur, Ramanathapuram District.

2. The Inspector of Police, Keela Thooval police station, Ramanathapuram District.

3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+4 CC to Mr.M.S. JEYAKARTHIK, Advocate ( SR-20348 to 20351[F] dated 16/10/2020 ) Crl.O.P.(MD)Nos.11412, 11416, 11417 & 11439 of 2020 15.10.2020 KMV(CO) KM (03.11.2020) 3P 8C 3/3